A. The expiration or termination of any lease that may terminate the cooperative or reduce its size, or a memorandum of such lease, shall be recorded. The declaration shall state:
1. The recording data for the lease or a statement of where the complete lease may be inspected;
2. The date on which the lease is scheduled to expire;
3. A legally sufficient description of the real estate subject to the lease;
4. Any right of the proprietary lessees to redeem the reversion and how those rights may be exercised, or a statement that they do not have those rights;
5. Any right of the proprietary lessees to remove any improvements within a reasonable time after the expiration or termination of the lease, or a statement that they do not have those rights; and
6. Any rights of the proprietary lessees to renew the lease and the conditions, if any, of any renewal, or a statement that they do not have those rights.
B. Acquisition of the leasehold interest of any proprietary lessee by the owner of the reversion or remainder does not merge the leasehold and fee simple interests unless the leasehold interests of all proprietary lessees subject to that reversion or remainder are acquired.
C. If the expiration or termination of a lease decreases the number of units in a cooperative, the allocated interests shall be reallocated in accordance with subsection A of § 55.1-2118 as though those units had been taken by eminent domain. Reallocations shall be confirmed by an amendment to the declaration prepared, executed, and recorded by the association.
1982, c. 277, § 55-443; 2019, c. 712.
Structure Code of Virginia
Title 55.1 - Property and Conveyances
Chapter 21 - Virginia Real Estate Cooperative Act
§ 55.1-2102. Variation by agreement
§ 55.1-2103. Property classification of cooperative interests; taxation
§ 55.1-2104. Applicability of local ordinances, regulations, and building codes; local authority
§ 55.1-2106. General principles of law applicable
§ 55.1-2107. Construction against implicit repeal
§ 55.1-2108. Uniformity of application and construction
§ 55.1-2109. Unconscionable agreement or term of contract
§ 55.1-2110. Obligation of good faith
§ 55.1-2111. Remedies to be liberally administered
§ 55.1-2112. Creation of cooperative ownership
§ 55.1-2114. Construction and validity of declaration and bylaws
§ 55.1-2115. Description of units
§ 55.1-2116. Contents of declaration
§ 55.1-2117. Leasehold cooperatives
§ 55.1-2118. Allocation of ownership interests, votes, and common expense liabilities
§ 55.1-2119. Limited common elements
§ 55.1-2120. Exercise of development rights
§ 55.1-2121. Alterations of units
§ 55.1-2122. Relocation of boundaries between adjoining units
§ 55.1-2123. Subdivision of units
§ 55.1-2124. Easement for encroachments
§ 55.1-2125. Use for sales purposes
§ 55.1-2127. Amendment of declaration
§ 55.1-2128. Termination of cooperative ownership
§ 55.1-2129. Rights of secured lenders
§ 55.1-2130. Master associations
§ 55.1-2131. Merger or consolidation of cooperatives
§ 55.1-2132. Organization of the association
§ 55.1-2133. Powers of the association
§ 55.1-2133.1. Installation of solar energy collection devices
§ 55.1-2134. Executive board members and officers
§ 55.1-2135. Transfer of special declarant rights
§ 55.1-2136. Termination of contracts and leases of declarant
§ 55.1-2138. Upkeep of cooperative
§ 55.1-2139. Common elements; notice of pesticide application
§ 55.1-2139.1. Electric vehicle charging stations permitted
§ 55.1-2143. Tort and contract liability
§ 55.1-2144. Conveyance or encumbrance of the cooperative
§ 55.1-2146. Assessments for common expenses
§ 55.1-2147. Annual budget; reserves for capital components
§ 55.1-2148. Remedies for nonpayment of assessments
§ 55.1-2149. Other liens affecting the cooperative
§ 55.1-2150. Limitation of assumption of debt and encumbrances
§ 55.1-2151. Association records
§ 55.1-2152. Association as trustee
§ 55.1-2153. Applicability; waiver
§ 55.1-2154. Liability for public offering statement; requirements
§ 55.1-2155. Public offering statement; general provisions
§ 55.1-2156. Public offering statement; cooperatives subject to development rights
§ 55.1-2157. Public offering statement; time-shares
§ 55.1-2158. Public offering statement; cooperatives containing conversion building
§ 55.1-2159. Public offering statement; cooperative securities
§ 55.1-2160. Purchaser's right to cancel
§ 55.1-2161. Resales of cooperative interests
§ 55.1-2162. Escrow of deposits
§ 55.1-2164. Conversion buildings
§ 55.1-2165. Express warranties of quality
§ 55.1-2166. Implied warranties of quality
§ 55.1-2167. Exclusion or modification of implied warranties of quality
§ 55.1-2168. Statute of limitations for warranties
§ 55.1-2169. Effect of violation on rights of action; attorney fees; arbitration of disputes
§ 55.1-2170. Labeling of promotional material
§ 55.1-2171. Declarant's obligation to complete and restore
§ 55.1-2172. Substantial completion of units
§ 55.1-2173. Common Interest Community Board
§ 55.1-2174. General powers and duties of the Common Interest Community Board
§ 55.1-2175. Registration required
§ 55.1-2176. Application for registration; approval of uncompleted unit
§ 55.1-2177. Receipt of application; order or registration
§ 55.1-2178. Cease and desist order
§ 55.1-2179. Revocation of registration
§ 55.1-2180. Investigative powers of the Common Interest Community Board
§ 55.1-2181. Annual report and amendments
§ 55.1-2182. Annual report by associations
§ 55.1-2183. Common Interest Community Board regulation of public offering statement